Writing principles and document types - Structuring letters,...

Learning Outcomes

This article outlines practical drafting principles for letters, emails, and internal memos, including:

• Core structural requirements for each format and how they differ in audience, tone, and purpose
• Using clear headings, numbered paragraphs, and short sentences to organise advice
• Selecting structures suited to purpose (chronological, categorical, or descending importance)
• Defining key terms early and using plain English with active voice to reduce ambiguity
• Presenting conclusions and action points with timeframes, responsibilities, and accountability
• Drafting to meet client objectives while supporting organisational needs and managing risk
• Identifying typical pitfalls in layout, content selection, and audience targeting
• Applying good office practices: house style, references, enclosures, cc/bcc, filing, confidentiality and data protection
• Proofreading for clarity, consistency and legal accuracy, and calibrating tone to client care standards

SQE2 Syllabus

For SQE2, you are required to understand the drafting and structuring of different types of written communication, with a focus on the following syllabus points:

• understanding the requirements and best practices for formal advice letters, professional emails, and internal office memoranda
• tailoring content, format, and tone to the intended audience and purpose
• ensuring legal accuracy while remaining clear and concise
• meeting client care duties and professional standards in written communications
• using headings, structuring paragraphs, and including summaries and action points in practical drafting tasks

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What are three features that distinguish a formal letter of advice from an internal memo?
2. Which section of a professional email is most important for summarising the main action required, and why?
3. Which key terms should always be defined in the first few lines of a letter or memo?
4. When is it acceptable (or required) to use legal jargon or technical terms in letters to clients?

Introduction

Professional communication in legal practice takes various written forms, including letters, emails, and internal memoranda. Each has different conventions regarding structure, tone, and legal content. For SQE2, you are expected to demonstrate proficiency in drafting these documents efficiently, matching the expectations of the recipient and the needs of the matter. Effective drafting depends on clear organisation, precise language, and purposeful conclusions. Choosing the right structure and style makes your advice easier to follow and helps to manage risk and client expectations.

Key Term: letter of advice
A formal written document sent to a client, usually addressing a specific legal issue and including advice, assessment, and next steps.

Key Term: internal memo
A document used within a law firm or organisation, typically sent to colleagues, to summarise research, actions, or advice for internal reference.

Key Term: professional email
Written electronic communication, usually briefer and less formal than a letter, used for quick but precise exchanges between lawyers, clients, or colleagues.

Key Term: subject heading
A line near the start of a letter or memo, making the letter’s main topic immediately clear to the reader.

Key Term: action point
A clearly identified task or next step for the recipient, usually listed at the end of the document.

Letter Structure

A formal client letter should always be clear, concise, and logically organised. The opening lines should set out the subject, background, and the purpose of writing. Choose a structure that supports the reader:

• chronological order (useful for transactional updates or stages in a process)
• categorical order (grouping by themes, e.g. “Costs”, “Risks”, “Options”)
• descending order of importance (placing the most significant advice and risks first)

Core layout and presentation:

• Use the firm’s letterhead with full contact details and house style. Include “Our Ref/Your Ref” where appropriate for file management.
• Include the date, client name, and address. Use a precise subject heading (e.g. “Re: Your Purchase of 101 North Lane—Post‑Completion Actions”).
• Open with a short summary of the issue and the letter’s objective. If a technical term is essential, define it simply at first use.
• Divide the body into short, numbered paragraphs (subject‑verb‑object and one issue per paragraph). Keep sentence length close to 15–20 words on average; avoid sentences over ~25 words.
• Use active voice (“You must pay…”, “We will file…”) rather than passive (“Payment must be made…”), except where the actor is unknown or irrelevant.
• Avoid abstract nouns and legalese with lay clients; explain any necessary jargon in plain language. Hedge only where law or facts are genuinely uncertain; otherwise adopt a firm, reassuring tone (“in my view”, “on balance”).
• When writing in a partner’s name (“ghosting”), match their tone and style, and check how well they know the addressee for formality of salutation.
• Close with a clear conclusion and action points, including responsibilities and dates (consider time zones if relevant). Use an appropriate sign‑off (“Yours sincerely,” to a named recipient; “Yours faithfully,” for Dear Sir/Madam).
• Include enclosures and copying (e.g. “Encl.” and “cc: [Names]”) and add any necessary qualifiers such as “Subject to contract” for pre‑contract negotiations or “Without prejudice” for settlement correspondence.

Clarity techniques drawn from plain English principles:

• define key terms early and use the defined term consistently (capitalised if used as a defined term)
• avoid compound prepositions (“in accordance with” → “under”/“by”)
• be specific (replace “substantial damages” with a range or example; replace “near future” with a date)
• avoid ambiguous “and/or”; specify whether the list is conjunctive (“all of the following”) or disjunctive (“any one of the following”)
• repeat the noun if a pronoun could be unclear (“the Buyer may terminate…” rather than “he may terminate”)

Client care in letters:

• explain options (legal and practical), with pros, cons, costs, timescales, and risks
• state what happens next and by when; identify what the client must do
• use a professional, respectful tone—firm where necessary, never sarcastic; avoid emotional language and do not write in anger

Worked Example 1.1

You are instructed to draft a letter to a client explaining the implications of a completed property transaction and the client’s next steps.

Answer:
Start with a clear heading and opening summary of purpose (e.g. confirmation of completion and outline of post‑completion actions). Use separate numbered paragraphs for each point:

• confirm completion date and legal effect (title now transferred; any rent/apportionments settled)
• set out post‑completion filings (e.g. tax return or land registration—identify who is responsible and the filing deadlines)
• explain mortgage matters (e.g. lender’s charge registration; provide any undertakings fulfilled)
• list any outstanding payments (balance of completion funds, fees, taxes) and provide a payment method and deadline
• explain document handling (e.g. storing deeds; copies to client; indicative timescale for final title documentation)
• identify practical steps for the client (e.g. arranging insurance, utilities, service charge accounts) Close with a short conclusion and a clear list of action points, each with the responsible person and date. Provide direct contact details and invite queries.

Email Structure

Professional emails from solicitors must be efficient, accurate, and tailored for quick reading. Structure for speed:

• Subject line: identify client/matter and purpose (“Smith v Jones—Witness Statement: Approval by 5pm UK time Friday”); add urgency flags only when appropriate.
• To/cc/bcc: use cc for stakeholders who should see the message but need not respond; use bcc where addresses must stay private or where consent to share addresses has not been obtained. Avoid revealing third‑party personal data without consent; ensure compliance with UK GDPR/Data Protection Act 2018.
• Greeting: match formality to the relationship (“Dear Ms Jones,” “Hello Kevin,”).
• First paragraph: state the purpose and action required up front. Keep one topic per email. If complexity is unavoidable, use short numbered points or bullets.
• Body: explain succinctly. Use plain English and avoid legal jargon unless the recipient is legally trained or has requested detailed analysis. Link sentences by starting with familiar information before introducing the new point, so readers can follow the logic easily.
• Closing: restate the action, deadline and any dependencies; add a polite sign‑off (“Kind regards,”) with full name and contact details. Consider adding a short confidentiality/disclaimer footer if your firm requires it.
• Etiquette and risk: avoid ALL CAPS, text speak and overworked commas (comma splices). Proofread and send promptly; if unavailable, set an out‑of‑office response. If you send to the wrong recipient, retract if possible and notify them immediately. Keep emails suitable for disclosure if later required.

Security and filing:

• check attachments, version numbers and track changes before sending
• confirm delivery when the message is urgent; some recipients may have spam filters
• file emails to the matter (using your firm’s system) rather than leaving them in your inbox; retain a proper trail of the advice given

Worked Example 1.2

Draft an email to a client confirming completion of a contract and outlining their next steps for payment. The client, Ms Patel, is not legally trained.

Answer:
Subject: “Contract Completion—Immediate Actions Required (Ms Patel)”. Greet by name. In the first line, confirm completion and state the purpose of the email (“to confirm completion and set out your next steps”). Use short numbered points:

• “Please pay £[amount] by [date] (UK time). I have attached our invoice with bank details.”
• “Please email confirmation once payment is made so we can issue the final documents.”
• “If you have questions about the invoice or payment method, call me on [number].” Avoid jargon. Restate the deadline at the end, thank the client and include full contact details. Keep tone friendly and concise.

Internal Memo Structure

Internal memos (or research notes) are usually for colleagues and record research, advice, or action points. Format for rapid reference and accountability:

• Header: “Memo” or “Research Note”, date, recipient, sender, subject, client/matter reference
• Opening line: state the objective (“Summary of X, recommended next steps and risks”)
• Structure with clear subheadings: “Background”, “Question(s)”, “Summary of Law”, “Application to Facts”, “Risks”, “Recommendations/Action Required”
• Use short paragraphs and bullets where appropriate. Define specialist terms at first use, but adopt a level of technical detail suitable for colleagues. Cite sources accurately (case names, legislation, guidance); keep references consistent with firm style and use abbreviations only after a full first citation.
• Action points: list tasks, responsible person, deadline and any dependencies. Consider using an action planning structure for complex matters (objective, actions, responsible person, date, resources, monitored by).
• File the memo to the matter, and flag any confidentiality or privilege issues if circulation is wide.

Common pitfalls to avoid:

• missing the objective and the client’s priority
• reciting law without applying it to the facts
• unclear responsibilities and dates
• mixing issues without signposting or headings

Worked Example 1.3

You are asked by a supervisor to circulate a memo summarising the requirements for anti-money laundering checks on a new client.

Answer:
Use the heading “Memo: Anti‑Money Laundering Checks—Requirements for New Clients”. Open with the objective (“to summarise required checks and allocate actions”). In short numbered points set out:

• what checks are required for individuals and corporates (e.g. identity, beneficial ownership, source of funds)
• applicable regulations (e.g. current UK AML regime), firm policy references, and any enhanced due diligence triggers
• definitions of specialist terms (e.g. “PEP”, “beneficial owner”) at first use Include “Risks” (e.g. onboarding delay; reportable suspicion) and “Recommendations” tied to “Action points”:
• “[Name] to obtain ID and proof of address by [date]”
• “[Name] to complete beneficial ownership verification by [date]”
• “[Name] to record source‑of‑funds review by [date]” Close with your name, role and contact details.

Fundamental Principles for All Formats

• Tailor formality and detail to your reader. Use technical terms only if needed and explain them at first use for non‑lawyers.
• State the purpose and main message upfront; signpost with headings and short paragraphs for ease of reference.
• Use plain English: prefer verbs to abstract nouns; avoid archaic phrases like “herewith”, “aforementioned”, “pursuant to”.
• Structure sentences subject‑verb‑object. Prefer active voice; use passive only when the actor is unknown or irrelevant.
• Be specific: dates, amounts, responsibilities and deadlines. Avoid vague phrases (“near future”, “substantial”, “as soon as possible”).
• Define terms, use them consistently and avoid “and/or”; if necessary, specify “any or all of the following” or “one only of the following”.
• Present conclusions and action points clearly, including timelines and accountability. For complex matters, include “Risks” and contingencies.
• Proofread for spelling, grammar, consistency and legal accuracy. Run a spell‑check but do not rely on it; read aloud or review with fresh eyes. Keep document layout clean (headings, margins, numbering, tables where helpful).
• Respect confidentiality, data protection, and ethical duties: manage cc/bcc appropriately, avoid revealing personal data without consent, and ensure communications are suitable for disclosure if required.

Exam Warning

A common mistake is failing to distinguish structure and audience needs between letters, emails, and internal notes. Before drafting, identify the addressee, purpose, and the most effective structure (chronological, categorical, or by importance). Avoid copying legal text uncritically—apply the law to the facts and state clear actions with responsibilities and dates.

Revision Tip

Practise drafting:

• one formal client letter using descending order of importance (most significant advice and risks first, then options and costs)
• one concise internal memo with “Question—Law—Application—Action” headings and defined terms
• one client email with a purpose-first opening, clear numbered actions, and a specific deadline (including time zone) Focus on subject lines, headings, salutations, short sentences, defined terms, and clarity of action points.

Key Point Checklist

This article has covered the following key knowledge points:

• Differences in layout, tone, and content between letters, emails, and memoranda, and when to use chronological vs categorical structures
• Importance of headings, short paragraphs, defined terms, and active, plain language
• Presenting conclusions and action points with responsibilities, deadlines, and specific details
• Applying law to facts in memos and letters rather than reciting general principles
• Addressing client care: options, risks, costs, and timelines; writing with a professional, reassuring tone
• Email etiquette and risk management: subject lines, cc/bcc, confidentiality, prompt response, filing
• Avoiding ambiguity: vague phrases, pronouns, “and/or”, and unnecessary passive constructions

Key Terms and Concepts

• letter of advice
• internal memo
• professional email
• subject heading
• action point